“Well, let’s take one thing at a time. First, it is clear that you agreed to give up your rights to the corporation’s financial assets and holdings. Now, since the estate, which includes the house you live in, the cars you and Mr. Hamilton drive and all furnishings, belong to the company, it is also evident that you have no ownership or rights to these assets, either. Do you understand that, Mrs. Hamilton?”
“Ye-yes.”
“Now, in regards to Mr. Hamilton’s savings and assets, it is much like yours. The small amount he drew as wages, he gave to you to run the household over the years, as a good provider should. There is a substantial trust established for your son, James Junior, but it does not include you nor do you have access to it. The condo Mr. Hamilton lives in is also owned by the corporation and most expenses are paid by the corporation, as well.”
“But, James told me after I signed the agreement that he would make certain I was well looked after. Does this mean that after all these years I am entitled to nothing?”
Mr. Roberts gazed at Jenny for a long moment. He was almost hesitant to say what he had to. His employer had made certain through trusts and legal manipulations that Jenny would be entitled to nothing.
“I’m afraid that’s the case, Mrs. Hamilton. We want to make certain you and your counsel fully understand our position in this regard.”
The lawyer stopped for a brief moment, allowing Jenny to acknowledge what he said and then he added, “Mr. Hamilton however, has always been an excellent and faithful provider. When we submit our offer of settlement to the court, I’m sure you will be well-provided for.”
When the settlement was given to Jenny’s lawyer, however, James’ penny-pinching frugality and lack of consideration for her future was very evident. James’ corporation was worth billions. Since diversifying into computer technology and several oil company holdings in Australia and the Middle East, the company’s fortunes had skyrocketed. In spite of the wealth James had access to he was prepared to offer a divorce settlement of $250,000. His legal staff was quick to point out that this was a very generous offer since Mr. Hamilton wasn’t obligated to give her any more than what he had in his name.
Neither Jenny nor her lawyer could believe how hard-nosed and uncaring James was for Jenny and her future. James’ vindictive spirit coupled with his possessiveness for his money was now clearly manifested in the meagre settlement.
The court proceedings finished earlier than expected. Jenny didn’t have any witnesses, damaging or supporting evidence to submit to the court other then her own testimony. She could have asked or subpoenaed Matilda to take the stand and perhaps even Charles or Thomas. They knew the real story in the household and the abuse James had subjected her to. But Jenny would never subject Matilda to this and James knew full well that Jenny wouldn’t. And calling Charles to testify now that he looked after the condo would certainly mean termination of his employment, and Jenny couldn’t in good conscience do that or even contemplate to use others in such a manner.
Mr. Neels also tried to convince Jenny to ask John, the bookstore proprietor to testify that their involvement had been nothing more than a friendship, but she didn’t want to involve Patrick or his wife in her divorce proceedings, either. In the end, true to her nature, Jenny accepted full responsibility for her decision to marry James. She could have left years ago, but instead chose to stay for the welfare of her son and to be with him.
Judge Gerian broke into Jenny’s train of thought.
“If there are no further witnesses or considerations before the court, there is still time this afternoon for closing arguments. Are you prepared to present your summation… Mr. Roberts? Mr. Neels?”
Since both lawyers agreed, James’ attorney went first. Jenny could have easily predicted what they would say. Mr. Roberts gushed about James’ generosity and how well he provided for Mrs. Hamilton. Since he spent very little time at the estate, he could have down-sized their home and moved Mrs. Hamilton into an apartment or condo. He chose, however, to leave Mrs. Hamilton in a very comfortable estate, well looked after by a large staff. His company also paid for all the antique furniture his wife wanted even though the home had brand new contemporary furniture. Each year, Mrs. Hamilton was provided with a new car.
Mr. Roberts asserted that very obviously Mr. Hamilton had exceeded his responsibility to his wife. And perhaps more importantly, it was Mr. Hamilton who brought up their son and looked after him in every way. His son on the witness stand confirmed his father’s devotion to him and further attested to his father’s commitment and faithfulness in the marriage. It was his mother who broke the vows and was the cause of the marriage breakdown by seeing another man.
At the end of the day, the lawyer argued, even if Mr. Hamilton had participated in the demise of the marriage by his absence, Mrs. Hamilton by law, had no rights whatsoever to any of the assets. Everything, absolutely everything, was owned by the corporation and the Spousal Agreement which Mrs. Hamilton had signed prior to the marriage, completely relinquished any rights she had to the firm’s assets or James’ shares in the company.
Jenny could no longer listen. As had happened to her that morning, the words in the courtroom faded into the background. She visualized herself living in a small apartment, all alone. She would miss the landscaping staff, the grounds, the wildflower garden and her gazebo. And, what about the Angel of Thanksgiving? It was hers, right? Or, did it belong to the corporation, too? Even though it had been a gift from the staff, she had no doubt that James would find a way to keep that as well. Anyway, what would she do with it? It would be too large to move to an apartment. And the antique furni—
“Thank you, Mr. Roberts. Mr. Neels, you may proceed.”
Jenny sat up trying to refocus on the proceedings. She wondered what her lawyer could possibly say to sway the judge in her favour. She had severely handicapped her case by instructing her lawyer not to bring up the matter of her rape or her daughter and James’ neurotic reaction to it. James would simply deny the rape as further evidence of her promiscuity, which would only support what her son saw and testified against. Why bring up all these issues when at the end of the day it probably wouldn’t make any difference in securing further compensation?
She and her counsel knew their hands were tied and at the mercy of James’ lack of generosity and his willingness to give whatsoever he desired. James had the law behind him and all Mr. Neels could do was to present a case that might indirectly move James’ cold, hard heart to be more equitable in his holdings.
“Thank you, Your Honour.” Mr. Neels rose from his desk and stepped towards the bench. “In 1966, Marjorie and James were united in matrimony. They both had just finished university and were eager to begin their life careers and marriage. They both had very little personal wealth except for what their parents had.
“Normally, during a lifetime together, in this case 22 years, a professional couple such as this would have accrued a sizeable estate. A home, automobiles, investments and a savings account would be more than reasonable to expect. Unfortunately, this case is not normal. Prior to this marriage, my client was asked to sign a spousal agreement relinquishing her rights to Mr. Hamilton’s family business and assets.
“We concede this is not out of the ordinary, but what isn’t common is for the husband, in this case Mr. James Hamilton, to keep everything within the company and virtually nothing as personal wealth. And, through trusts, legal manoeuvring and salary control, Mr. Hamilton kept his personal wealth, to which his wife would have had access, to virtually nothing.
“It is true that my client’s sense of business and unquestioning nature didn’t cause her to look ahead and think more of her future should problems arise. Rather she went on year after year trusting in her husband and in his sense of fairness to do the right thing. She only knew that in most marriages everything is shared, and never once conceived that it would all come down to this – legal papers, ag
reements and lawyers deciding the fate of her entitlements.”
Mr. Neels walked back to the desk, his shoes tapping on the wood floor, and picked up two sets of papers.
“When we look at Mrs. Hamilton’s savings account and the RRSP’s she has invested in, it comes to a total of $87,000. She could have saved more if she hadn’t contributed much of her salary to the running of the household and buying groceries. It is inconceivable that a man owning a company that is making millions of dollars a week did not provide his wife with sufficient funds to run the household. That she had to use her librarian’s salary to subsidize the estate is astounding!
“The settlement offer of $250,000 will not even buy a small home in a respectable area of the city or a condo downtown. If Mr. Hamilton were not a man of means this offer might seem reasonable. But last year…” Mr. Neels put down the papers and picked up a glossy annual report and waved it in the air, “…according to page 18 of the company’s annual prospectus, it is mind staggering to note the company’s worth was $28.2 billion. Yes, $28.2 billion.
“Who would think that a man of such wealth and means would consider such a meagre payment to his wife after 21 years? After giving birth to his son, putting up with an estranged relationship, giving up the prime years of her life in faithful service, this is her reward? How fair and considerate is this? She is now forced to give up a home and style of life that had at least given her some solace in this highly unusual relationship, to live in a small apartment and make ends meet with the small pension she receives from the Teachers’ Superannuation Fund.
“In 1966, when Marjorie and James were married, Mr. Hamilton made a commitment to honour, love and look after his spouse. I ask this court, has James Hamilton lived up to his commitment and responsibility? At this crucial point in Mrs. Hamilton’s life, where is she at? She has no home, no car, little savings, a small pension that she paid into. She is no longer a young woman that can start over. Does the settlement offered show any consideration for Mrs. Hamilton’s future and welfare?”
Mr. Neels stopped for a long moment shaking his head from side to side. “The answer is clear. Mrs. Hamilton was only important to Mr. Hamilton insofar as providing an heir for his company. The claim that Mrs. Hamilton inappropriately kissed another man, when she only received a kiss on the cheek from a married friend she had known for years was completely blown out of proportion and used as fodder for Mr. Hamilton to divorce his wife.”
Mr. Neels walked right up to the bench and looked directly at Judge Gerian, “I ask this court to find that Mr. Hamilton honour the settlement we have asked for of $5 million dollars. In a matter of minutes, Mr. Hamilton could easily write a cheque for that amount and give his wife just a small portion of her due and fair share.
“$5 million would help Mrs. Hamilton adjust to her new life, help her accrue what she lost over the years and, at the very least, help to compensate her monetarily. Most of the board members of Mr. Hamilton’s company make two to three times that amount in any given year. Two made over $20 million last year. Some have only sat on the board for two years and what have they done in comparison to Mrs. Hamilton’s 20 years?”
Mr. Neels turned and gazed at Mr. Hamilton. “What has happened to Mrs. Hamilton is shameful. It cannot be stressed enough what has occurred here. Mr. Hamilton has seriously taken advantage of his wife’s naïve business sense and her trusting attitude.
“Her mind does not entertain suspicion, especially of a husband. She was completely unaware and unwary of Mr. Hamilton’s financial and business affairs and his intentions. She had no idea that he never had any intention of being fair and equitable with his money. We sincerely hope Mr. Hamilton will honour his responsibility to the mother of his son and look after her accordingly.”
He turned back to the judge. “Your honour, we ask for your understanding and consideration of the abnormality of this marriage relationship and the arrangement of the finances and assets and do all within your power to right such a serious wrong.”
Having heard both sides, Judge Gerian simply looked at both parties. His face showed no expression of siding with either.
“I will deliberate on the submissions and what I have heard and witnessed in this courtroom. We will reconvene Thursday morning at ten o’clock. At such time I will render my decision.” With that, he rapped the gavel on the rubber-padded board.
“Court is adjourned.”
Chapter Three
Hi, Mom. So family dinner is postponed for the Sunday after next?”
“Yes, Father can’t make it this Sunday as a touring missionary is speaking Sunday evening. I would like to attend that and Jeremy and his family are busy this Sunday, too.”
“Well, I can hardly wait until then. I can smell the roast beef already!”
“It won’t be roast beef, Son I came across a recipe for beef stroganoff that looks very good and instead of potatoes it calls for broad noodles sprinkled with poppy seed. I hope you won’t be disappointed.”
“Anything you make is great Mom! I’m just looking forward to one of your home cooked meals.”
“You can come as often as you want, you know.”
“I know, Mom, but with Julean gone, the girls in school, working at the store, and spending time with Justin, it’s just too difficult to get there more often.”
Mary hesitated for a brief moment and then forged ahead with a question weighing on her mind.
“Are you going to bring your new lady friend on Sunday? The kitchen is crowded, but there’s always room for one more?”
Henry was silent for a moment as well before answering.
“I don’t know, Mom, I’d be too uncomfortable with Ivania there around the kids…you know.”
“Well you have gone out with her several times and the children are aware of her and I would love to meet her.”
“Perhaps some other time, Mom.”
“And how do you pronounce her name? Is it Ivan-ia?”
“Not quite. Combine the “ia” so the ending sounds like “yuh,” Ivan-yuh, not Ivania.”
“Oh, I’ll get the hang of it. It took me a little while to get the correct pronunciation of Julean’s name as well. For the longest time I called the last part of her name “Ann” instead of Ju-lee-un.”
“Yeah, I always loved the sound of Julean’s name and I must admit Ivania sounds interesting as well.”
“I believe you told me she was from Russia?”
“Yes, she came to Canada with her parents and two brothers when she was 7 years of age. She told me she was named after her Czechoslovakian grandmother who had married a Russian man during the First World War.”
“Well, Allison has seen her both in the café and at the gallery and your daughter tells me that Ivan-yuh is a very attractive lady.” Mary said with a strong emphasis on the correct pronunciation of the name.
“She is all of that, Mom and twelve years younger than I.”
“Age isn’t a major factor, son, as long as you care for one another. Look how much in love Jeremy and Camilla are and there’s a large age spread there as well.”
“I suppose you’re right, Mom … it’s just that I’m not interested in getting too serious at this point in my life. I know it’s been three years yet the memories are still so fresh and I still …” Henry was going to say that his heart still ached for Jenny, but thought better of it.
It didn’t matter anyway as Mary already finished the sentence in her mind. The last letter Jenny sent to Henry with the Pewter Angel inside that she had hidden inside her treasure chest had been on her mind lately as well. Henry’s next words broke into her thoughts.
“And like I said, I’m a little uncomfortable to bring her around the kids. You know, what would they think of me going out with another woman? … I just don’t know… Father Engelmann encouraged me to go out, too. We’ll see. Let’s see how this develops. By the way did Cami
lla’s dad go back to Victoria?” Henry asked, wanting to change the subject.
“Yes, I was talking with Camilla this morning. She called and asked if she could bring anything over for dinner on Sunday. I told her immediately that her Caesar salad is amazing. I love the garlic and anchovies she adds. It gives it such a nice flavour.”
“Yeah, it’s a great recipe. So I’ll have that to look forward too.”
“Every time I see that girl, she looks so familiar—“
“It’s Jenny, Mom. She’s the spitting image of Jenny the girl that lived three doors down the street when I started grade nine. Do you still remember her?”
It was as if the phone went dead. Henry could hear his mother’s gasp followed by heavy breathing.
Mary started out slowly. “My gosh, Henry, yes, … yes, that’s exactly right. Isn’t that silly of me not to make that connection over the past two years? Yes, she does look like Jennifer…the blonde hair and blue eyes and just every bit as pretty as Jenny was. Same oval face I might add too.”
“Seems to me you recall Jenny quite well, Mom. The first time Jeremy brought her home I nearly fell over. I thought I had traveled thirty years back in time and Jenny Sarsky was walking through my door.”
“It’s true, Son, now that you have jogged my memory, Camilla’s resemblance to Jenny is striking.”
“I bet you, Mom, I’ve played that dinner scene the day I first met Camilla over in my mind a thousand times. I sat on the edge of my chair when I asked her, ‘Camilla, tell us a little about your parents. What do they do? And…what is your mother’s name?’ I fully expected her to say Jenny, …but when the name Valerie tumbled out of her mouth it was like my world collapsed. Impossible! There must be some mistake. I asked her again, ‘Did you say Valerie?’ She looked at me quizzically and nodded, ‘Yes, Valerie and my Dad is Stanley…Valerie and Stanley Breckhart.’
I couldn’t believe it, Mom, and when I met the Breckhart’s I was blown away again. I fully expected that at least one of the parent’s would have blonde hair and Camilla’s features, but there was no resemblance whatsoever.”
The Angelic Occurrence Page 5
